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SMITH v. BABCOCK & WILCOX CONST. CO., INC.

No. 3-93-112-CV.

915 S.W.2d 22 (1994)

James SMITH and Wife, Shirley Anne Smith, and Lumbermens Mutual Casualty Company, Appellants, v. BABCOCK & WILCOX CONSTRUCTION COMPANY, INC., and the City of Austin, Appellees.

Court of Appeals of Texas, Austin.

Publication Ordered February 14, 1996.

Attorney(s) appearing for the Case

Charles T. Frazier, Jr., Cowles & Thompson, P.C., Dallas, for Lumbermens Mutual Casualty Company.

Charles B. Lord, Law Offices of C.L. Ray, Austin, for James Smith & Shirley Anne Smith.

David S. Lill, Clark, Thomas & Winters, Austin, for Appellees.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

ABOUSSIE, Justice.

Appellants James Smith and Shirley Anne Smith and Lumbermens Mutual Casualty Company ("Intervenor" or "Lumbermens") appeal from an order dismissing their cause of action against appellees Babcock & Wilcox Construction Company ("Babcock") and the City of Austin. Appellants further appeal the order denying their motions to reinstate the case. We will affirm both orders of the trial court.

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